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A49510 The matching of the magistrates authority and the Christians true liberty in matters if religion wherein is clearly stated, how farre the magistrate may impose or restrain in matters of faith and worship, and how far forth the Christian may challenge freedome and exemption : in a sermon preached at the Assizes at Dorchester, Jul. 17. 1651. / by William Lyford ... Lyford, William, 1598-1653. 1654 (1654) Wing L3549; ESTC R32907 15,979 27

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foure Conclusions 1. For propagation of Religion and truth of Jesus Christ 1. Propagation It is his duty to take care that the Gospell be preached to all the people committed to his charge and governance thus Jehosaphat sent Princes and Priests to teach in all the Cities of Judah 2 Chron. 17.8.9 It is a most fond device to make a distinction between the Kings of Judah and Christian Princes for what the one did by virtue of their Office the same the other ought to doe by virtue of the same Office if there be no particular exception or limitation God enjoynes our obedience to Christian Magistrates as well as unto them Rom. 13.1 Let every soule be subject c. And the Scripture enjoyning the duty of the subject doth establish the authority of the Christian Magistrate for they are Relatives Protection 2 2. For protection and supportation It is the Magistrates duty to protect Gods Truth worship and service in the exercise thereof against all violence and affronts And for this purpose he is to take care for the maintenance and countenance of Ministers who are to give attendance to that worke thus Hezekiah spake comfortably unto all the Levits that taught the good knowledge of God 2 Chron. 30.22 He did also appoint the people to Minister sustenance unto them 2 Chron. 31.4 He appointed his own portion Moreover he commanded the people to give the portion of the Priests that they might be encouraged in the Law of the Lord and they brought in abundance the first fruits of Corne Wine and Oile and of all increase of the Field and the tithe of all things brought they in abundantly Vers 5. The like we read of good Nehemiah Neh. 13.10 11 12. See the place Restraint 3 3. For Reformation and Restraint of things which be destructive to what he is bound to maintaine and propagate And here the Magistrates duty is to restraine foure evils 1. The Practise of Idolatry of this there can be little doubt Jehosaphat Hezekiah and Josiah were great Reformers Josiah put down the Idolatrous Priests whom the Kings of Judah had set up to burne incense c. the like did Hezekiah 2 Chro. 31.1 yet Note by the way that though those Priests which had served in the high places were degraded from doing the office of Priests at Gods Altar any more yet they did eate the Bread of their God among their Brethren 2 Kin. 23.9 And this was according to the Law Levit. 21. Ver. 21 22. No man that hath a blemish and this was typicall of the Seed of Aaron shall come nigh to offer the offerings of the Lord yet hee shall eate the Bread of his God Vers 22. It was not said unto them goe dig goe beg c. This I particularly observe because though some of our Ministers might deserve to be put from their Office as unsavory Salt yet they must not be made vagabonds on the earth nor their Wises and Children beggars The Reformers under the N. Testament should follow the rule example of those reformers in the O. Testament and this is required of them Eze. 44.11 13 14. At the purging of the new Churches Ministery there figured under Ezekiels Temple those that had defiled themselves with false worship were to be degraded from the dignity and office of a Priest to doe the most servile and meanest offices about the Temple yet they should have whereon to live and subsist This I speake and presse the rather because as there is a desire in some here present that the worke of Reformation should proceede and be carried on in a way of righteousnesse and mercy so there may be a fulfilling of the same to roll away our that I say not your reproach A second thing to be restrained is the actuall preaching and spreading of hereticall and poisonous Doctrines I lay this restraint not upon the holding of any opinion though contrary to the publikly owned and established Doctrine because opinions as opinions being acts of the minde are not discernible and therefore not punishable by humane Authority yet when such dangerous opinions shall be published to the seducing and infecting of his people then Christ will not have Jezebel the pretended inspired Prophetesse nor any other of like condition suffered to seduce his servants Rev. 2.14 It is cleere such might be restrained and in case such false Teachers disregard the censures of the Church then the Magistrate is in this to serve Christ and I thinke he may take those words of Paul for his warrant Gal. 5.12 Note 1. Hee speakes there of false Apostles who had poisoned that Church with some Jewish Doctrines 2. He calls them troublers of the Church 3. That such troublers ought to be cut off else Paul would never have wisht it I doe not understand it of a cutting off of their Lives or Estates but a restraint of their practice that they might no longer trouble the Church with their pernicious Doctrines And the restraint upon them must be so effectuall that they may be as if they were dead for as long as they persist in their troublesome teaching they are not cut off 4. And when the Church has gon as far as it can Roll 2.3 and prevailes nothing then Pauls wish calls for the Magistrates helpe to restraine them as evill workers in an high degree and troublers of the Churches peace which the Magistrate is bound to preserve But that place Zach. 13.2 3 5. comes more home to our purpose I will saith the Lord cause the Prophets and the uncleane spirit to passe out of the Land And it shall come to passe that when any shall yet prophecy then his Father and Mother that begat him shall say unto him thou shalt not live for thou speakest lies in the Name of the Lord c. This is a plaine prophecy of the times of the Gospell wherein note 2 Pet. 2.1 Rev. 2.14 1. That by the Spirit of God there is foreshewed a singular evill that should happen in the Christian Churches viz. men shall beare themselves for Prophets which are none for they shall weare the Prophets garment to deceive 2. Those Prophets are Teachers of fals-hood 3. This evill is to be purged away and these men brought to shame by the Christian Magistrate Verse 3. at the instance and complaint of their dearest friends his Father and Mother shall thrust him through when he prophecieth not with their own hands but according to the Law Deut. 13.9 They shall bring him to the Magistrate to be punished 4. And this shall be the fruit of the Magistrate dealing with them viz. they shall be ashamed of their visions and their prophecyings Ver. 4.5 and shall confesse I am no Prophet c. And there is a reason as Mr. Burroughs thinks why their best friends should withstand them in this their way 1. Because it is abhorring to nature to suffer that God whom wee honour to be blasphemed 2. And to see our
Wives Children and dearest friends to be seduced into wayes which wee thinke will undoe their soules to eternity and not be able to helpe them no way left to help our selves or them unlesse we can perswade the seducer to desist or aske them why they do so and intreate them to forbear A third sort to be restrained are makers of Sects and Divisions among the people because this is directly opposite to the Magistrates proper end viz. publike Peace and Quiet The setting up of divisions Church against Church Ordinance against Ordinance does in its owne nature tend to the disturbance of publik peace and humane society See the danger of it Gal. 5.15 If yee bite and devour one another Take heed yee be not consumed one of another if the Church of Christ which should be as a City at unity within it selfe shall nourish within its bowells contrary Sects and Divisions there will be biting and devouring one of another and the Churches divisions do prove the Churches consumptions A fourth sort to be restrained by the Magistrate are vicious livers to the scandall of the Gospell Though the loving of vice be worse than living in vice yet the Magistrate cannot take notice of the affection but of the action to restraine open sins yea though they be not peace-disturbing enormities For the Magistrates power is not limited to preservation of Peace and Justice onely as its adequate Object but is extended to other evill workes and open enormities As for example he is to restraine the polluting of the Sabbath by buying and selling as Nehemiah did cap. 13.15 16. He is to punish and restraine Drunkenesse Deut. 21.10 though it be a harmelesse and quiet drunkard fornication also and vaine swearing comes within his compass though the publick peace be not thereby disturbed It is very much you see that the civill power has to do in the things of God But against the Magistrates restraining power 3. things are objected 1 Ob. May the Magistrate restraine me of that liberty which Christ hath purchased Sol. No but Christ has not purchased a liberty for you to be an Idolater or an Heretick or a maker of Sects or a vicious Liver Christ has not purchased a liberty for Arrius to deny his Godhead nor for a Papist to worship the creature nor for Husbandmen and keepers of cattell to be Prophets nor for any man to endanger the salvation of others Christ has not purchased a liberty for every man to hold what hee lift Nor to serve God in his own way for then some should be authorized by Christ to blaspheme God and to serve God by sinning against him Therefore this restraint is just and not against christian liberty 2. Ob. But as good have no Religion as no liberty to practise it Sol. 1. Not so neither in some kinde of things that of Paul Rom. 14.22 takes place hast thou faith have it to thy selfe that is art thou certainly perswaded concerning thy liberty in these things content thy selfe with knowing it and with being freed from such scruples yet forbeare the practise in case of offence q d. Let no man be carried out upon particular perswasion of his conscience to doe any thing to the hurt of others restraint in practise may stand with Christian liberty 1 Cor. 8 8.13 Sol. 2. It is a sweet priviledge for men of a different minde to enjoy their owne private judgement under the civil Power without having it drawne forth and then punished when it is made known It is a sweet Priviledge though my forme and way be denyed me yet that I shall not be forced to a positive acting in a way that is contrary to my judgement for so I enjoy both my civill Quiet and my inward Peace Sol. 3. There is no just complaint for want of Liberty when men may have free accesse unto the use of all establisht Ordinances which by their own confession are the power of God unto salvation Againe no man is cast out of our Communion for his dissenting judgement unlesse he cast himselfe out If I were in New-England in France or Germanie I would communicate with any Congregation that holds Christ the Head and Faith the Foundation that holds and believes the Articles of the Creed and professe Repentance towards God And any of those Nations should communicate with me upon the same termes My reason is because Communion with Christ the Head and with the Catholique Church the Body is the root of Communion with particular Congregations 1. There is but One Church in the World One Christ One Faith One Baptisme One Lord over all and in all 2. Ministers of Christ are Ministers of the Church where ever they come we are not Ministers so to one Congregation as that we cannot exercise ministeriall Acts in another Congregation 3. The Members also of the Church are all baptised into that one Body not into this or that Congregation and so we are all Members one of another 4. Lastly All the Members by vertue of their Communion with the Church-Catholique have a right to the Ordinances all the world over and in the Ministers where ever they come if they come where Cephas is Pastor they have a right in him if where Paul and Apollos doe officiate they have a right in them and why so 1 Cor 3. 12 23. because you are Christs so that the roote of Communion is because I am Christs and from that Head I have a right in Apollo's and Cephas c. Look what makes one a Member of the Universall Visible Church the same serves to make one a Member of any particular Congregation and such a man hath right to the Ordinances every where So then our Brethren are not straightned by us but in their owne bowels And for them to make their owne Conceptions the rule and condition of holding Communion with us is in effect to impose upon the Magistrate a necessity of receding from the approved and publiquely owned Establishments 3. Obj. But we are freed by the late Act to serve God in our owne way Why then should wee bee Restrained by the Magistrate Sol. That Act frees your Purses from Penalties indeed but not your Consciences from Sin Moses allowed a Bill of Divorcement if any had put away his Wife and married another without giving such a Bill it had been death But now though that Law did exempt the party from punishment yet not from sinne and so our Saviour told the Pharisees from the Beginning it was not so Thus our Statute of Usury allowing 8. per cent if the Question be Is that Uusury legall We say Yes But if the Question be Is it lawfull before God We tell you Nay So in this case you will not sanctifie the Sabbath in the publique Assemblies if the Question be Is this separation punishable That Act tells you Nay But if the Question be Is the Sabbath duly sanctified and do men sin in forsaking the Assemblyes We tell you Yea The
Magistrate remits only the penalty but that is no discharge of Duty before God Humane powers may mittigate penalties but they cannot make Sinne to be no Sia nor Schism to be no Schism Thus is the Magistrates restraining power vindicated 4. There is yet one thing more belonging to the Christian Magistrate and that is a Power to regulate and order Circumstances for the managing of an Ordinance which in their generall nature are necessary yet lest undetermined in Scripture as for example It is necessary in the generall that some place for publique Worship be chosen that some houres be appointed that the Minister use some Garments on other c. seeing in such things there must be some way or other used and yet none is limited in Scripture therefore the Magistrate may order this houre of 9. and 3. from publique meeting rather than Sun-rising or Midnight and for the Place the Church rather than a Taverne and for Habit a black Gown rather than a white Cloak the reason is because that Circumstance which I may chuse to my selfe being free so to do there being no institution of Christ in the thing the same may the civill power ordain to be obseved by all Thus you have seen that it is much that the Magistrate has to do in the things of God 1. For Propagation 2. For Protection of the truth 3. For restraint of Idolatry Heresie Divisions and vicious living 4. And for setling outward order among his people Now follows the second branch of our Doctrine viz. what the Magistrate may not do in matters of Religion And here let the question be whether the civill power may impose an act of worship and force men by temporall penalties to act against the convictions of their own conscience as here Nebu. did the 3. Children Neg. For answer 2. are to be premised 1. This question is not rightly resolved by distinguishing between an act of worship lawfull unlawfull as if a true Religion might be imposed not a false for every act of worship is supposed to be good in the judgement of the imposer and evill in the judgement of the refuser and they whose hap it is to live under contrary commands and contrary Religions must either have a bad conscience or a miserable life a bad conscience if he can take in all points of the compass or else a miserable life under such change of penalties 2. I grant that the Magistrate may compell such as do hold the faith own the worship yet neglect the same out of an athelsticall profanenes and irreligiousness to present themselves to every such acknowledged act of Gods worship as Asa did 2 Chron. 15.13 that whosoever would not seek the Lord God of their Fathers should be put to death c. Here Asa made compulsive Laws about Religion and let the case be alike the Christian Magistrate may compell that is to a confessed known duty because in such compulsion the Magistrate does not pinch upon the conscience of the party but upon his disorderly outward man forcing him to the practise of a duty which in his own conscience and practice he confesseth to be a duty These things premised to the question as it is proposed See this exemplisied and applied in cases in the Appendix I answer that the Magistrate may propose but not impose Instruct but not destroy men of a different judgement and way he may restraine any false way which is contrary to that which he takes himself bound to maintain But not force to a positive acting against the convictions of their own conscience he may not set up an Image and a Fornace he may not say bow or burne Reas 1. Because then a false worship may be imposed as well as the true and the godly men undone by refusing a false worship as well as carnall people by not observing the true John Huss nobis catholic is fuit haereticus Bell. de Laicis l. 3. c. 22. said Bellarmine and was therefore burned alive at Constance looke what reasons one side gives for punishing of another the same reasons are brought by the other side to punish them againe for the like refusall the same argument was used against Paul at Philippi Acts 16.21 viz. He teacheth customes which are not lawfull for us to observe being Romans and at Athens Acts 17.18 Hee setteth forth new Gods which Paul himself at first had used when he persecuted the Christians Reas 2. It is against the nature of faith and worship to be forced sunderi non cogi vult fides Quis imponet mihi necessitatem aut credendi quod nolim aut quod velim non credendi I can not believe against my will neither can I disbelieve at my pleasure much lesse at the will and pleasure of another So for worship God is not pleased with a forced worship God is to be served with a perfect heart and a willing minde and whatsoever we performe against our will or with an ill will grudgingly or with an unbelieving heart not being perswaded of the lawfulnesse thereof it is sin It is like the cutting off a Dogs neck 3. Reas To impose an act of worship under bodily punishments to come with an Image and a Fornace is properly that which we call spirituall tyranny over the conscience for seeing man cannot punish the conscience directly by an immediate stroak God alone can wound and heale the conscience therefore all the force and punishment done upon the conscience by men must be by the body This is properly to force and Tyrannize over the conscience when men are brought to this strake that either the bodily estate must perish to save the conscience whole or else the conscience must be wounded to save the body the estate whole This is a Lording over mens conscience This was the sad condition of our Fathers that lived under the lash of Hen. 8. his six knotted whip I meane the six Articles He came with an Image and a Fornace if the Papists refused to acknowledge his supremacy they must be hanged for Traitors To the Protestants he came with transubstantiation and a Faggot if they refused to bow to that breaden Idoll they must be burnt for Hereticks Thus some Bishops requiring subscription too rigidly to all the ceremonies and silencing the Non-conformists though men otherwise of quiet spirits and usefull gifts were deemed to exercise a spirituall tyranny over mens consciences because they came with an image and a fornace subscription or deprivation The like things done by other men in other changes of times is really the same sin though the men and names he changed Hart-divis P. 45. P. 63. Hereupon Mr. Burroughs breakes out into this prayer God grant we never meddle with any thing answerable to that tyranny and exhorts thus the tables may turne one day wherein the sufferers shall have the greatest ease and the inflicters the sorest burthen but God forbid that their brethren should lay it upon them
though it were put into their power to do it Reas 4. Thus to enforce an act of Religion is against the prime dictate of nature All things whatsoever ye would that men should do to you do you the same to them for this is the Law of nature and of God by his Prophets It is a strange thing to consider how mens spirits and minds do alter with their condition so as to thinke the same things just or unjust according as it comes to their turnes to be up or down to be above or beneath men would not think it equitable to be so dealt with as they deale now with others He that sends out groanes for liberty if hee shall make others groane for lack of the same though the thing imposed be perhaps just and righteous yet his act of imposing is most unrighteous because he sins against the light of nature Alteri nè feceris c. and against the light of the Gospell judge this rather that no man lay a stumbling block or an occasion to fall in his brothers way Rom. 14.13 I shall now cleere two or three Objections of those that stand for this power of imposing in the Magistrate 1. Ob. If Magistrates may not impose nor compell to a Church-profession then every one may be of what Religion he list Sol. No man can be of any other Religion than what himselfe doth list for Religion is seated in the understanding and will A Religion which I like not is not my Religion though I conforme outwardly to it An implicite faith to believe what the Church or State believes meerly because they have agreed upon it is no faith at all But if by being of what Religion I lift be understood thus every one will have his own way and so we shall nourish all confusions I Answer This mischief is prevented by the Magistrates restraining power who as hee may not inforce you to an act of worship against your mind so neither will he permit you the exercise of what you list against his own minde He will not force you to keep his dayes or prayers but you shall keep them or none at all openly 2. Ob. But doth not this non-imposing under temporall penalties amount to that absolute wild toleration which you seeme to condemne Sol. No toleration is taken away by his act of restraining That which I restraine I do not tolerate he that restraines the practice of Idolatry the spreading of Heresies c. cannot be said to tolerate them This non-imposing is not toleration but that Christian moderation which should be known to all men 3. Ob. But must such dissenters as refuse to act according as authority enjoynes be let alone Sol. No there is a twofold remedy provided 1. One spirituall for the healing and reducing of persons going astray in false wayes of Doctrine and worship viz. Instruction Discipline and Prayer spirituall remedies conscientiously applied through Gods blessing will cure spirituall diseases 2. But if not yet the Magistrates restraining power and wisdome as above described is a soveraigne remedy every way commensurable to the suppressing of false worship and of all civill distempers that may arise thereof 4. Ob. Will not this breed contempt of the Civill Power Sol. No Man is not despised when God is preferred It is Gods prerogative royall to be obeyed in what hee requires even because he commands it that is for his own Authorities sake Gods Commands are good because commanded by him But mens commands are subject to examination and we owe unto them not an absolute but a conditionall obedience viz. Ex parte rei when the thing injoyned is not unlawfull And in such case of non-obedience the reverence due to authority is preserved by yeilding our bodies to their power in passive Obedience when wee cannot yeild our soules to their worship in an active Obedience as here these three children did Vse I end with foure short Admonitions and Cautions to the party that does dissent and craves not to be imposed upon nor forced by temporall punishments to act against the convictions of his own conscience let him precisely observe these foure Rules Caution 1. Take heed beware how thou dare pretend conscience for thy non-obedience when it is something else as perhaps Pride Affectation of applause Humour Selfe-interest c. Do not dare so to abuse thy conscience as to make it a baude to thy lust for then humour will be conscience Pride and Schisme will be conscience filthy lucre and vaine-glory will be conscience Selfe-ends and Selfe-interest will be conscience And so that pretious sparkle of Divine Majesty set up in thy breast to keepe thee in awe of sinne shall be made a cloake for sinne to sinne with the more liberty and security As it is a great sinne to act against the standing indictment of our own conscience so it is a singular abuse of the omnipotent holy sin-revenging God to plead conscience for the doing or not-doing of this or that when as there is nothing lesse than conscience in the busines Such a man sinnes with a protection He has gotten his conscience yea God himselfe to be the protectour of his wickednesse And such men if they can be discovered deserve to be twice punished once for their fault another time for their holy pretence 'T is a great boldnesse to make conscience a Sanctuary for any disorder 2. Let the dissenting party though he cannot conforme to the Injunctions of Authority in some point of opinion or worship yet carry himselfe so innocently peaceably and unoffensively in other respects that the Magistrate may justifie thee and have cause to say I have no occasion or matter against him save in the Law of his God as it was said of Daniel Dan. 6.5 3. For the manner of refusall be carefull to carry it in an humble quiet Selfe-denying way do not beare it out with railing or Pride or Turbulence of spirit factiously or seditiously Hee that does dissent from the publikly owned and establisht way hath great reason to be humble and jealous of his own weaknesse When a man by reason of his conscience dissents from the civill power if he can enjoy his owne inward peace and outward quiet he should discover a very ill spirit to poure contempt and scorne upon the truths of God publikly preached or to east dirt upon the wayes which he opposed or contemne and vilifie those that differ from him 4. Be sure practically to put a difference between non-obedience and disobedience or Rebellion if thou be required any thing which is contrary to thy judgement sit downe with a modest non-obedience But let not thy spirit be carried out to rebell or to setting up of Image against Image worship against worship Assembly against Assembly in a visible opposition to the publike Ob. And if thy case be such as that of Peter and James Act 4.18 They were commanded not to speake at all nor to teach in the Name of Jesus yet they did